sayona drinks limited vs eliawon elinamu machange 2021 tzhc 3858 24 june 2021

sayona drinks limited vs eliawon elinamu machange 2021 tzhc 3858 24 june 2021

The Appellant was duly served with summons as required by law, and the absence of a stamp or endorsement at a specific place does not invalidate service. The Applicant failed to file a written statement of defence and thus waived the right to be heard. There was no sufficient reason to set aside the ex-parte judgment, and the appeal is without merit.

Citation
sayona drinks limited vs eliawon elinamu machange 2021 tzhc 3858 24 june 2021
Parties
Appellant: Sayona Drinks Limited; Respondent: Eliawon Elinamu Machange
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 June 2021
Procedural Posture
Miscellaneous Civil Appeal / Appeal Against Dismissal of Application to Set Aside Ex Parte Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Ex Parte Judgment, Setting Aside Ex Parte Judgment, Proof of Service, Right to Be Heard
Source Language
English
Civil Procedure Ex Parte Judgment Setting Aside Ex Parte Judgment Proof of Service Right to Be Heard

Case Brief

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Parties

Sayona Drinks Limited

Appellant

Eliawon Elinamu Machange

Respondent

Procedural Posture

Miscellaneous Civil Appeal / Appeal Against Dismissal of Application to Set Aside Ex Parte Judgment

Legal Issues

  1. 1 Whether there was sufficient reason to set aside the ex-parte judgment
  2. 2 Whether there was proper service of summons
  3. 3 Whether there were triable issues warranting setting aside the ex-parte judgment

Ratio Decidendi

The Appellant was duly served with summons as required by law, and the absence of a stamp or endorsement at a specific place does not invalidate service. The Applicant failed to file a written statement of defence and thus waived the right to be heard. There was no sufficient reason to set aside the ex-parte judgment, and the appeal is without merit.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Costs awarded to Respondent